|
Youth Advisory
Panel
09 June 2014
|
|
Draft Auckland Council Local Alcohol Policy for
Feedback
File No.: CP2014/11499
Purpose
1. To request formal feedback on
the draft Auckland Council Local Alcohol Policy from the Youth Advisory Panel
Executive
summary
2. The purpose of this report is to
provide the Youth Advisory Panel with a copy of the draft Auckland Council
Local Alcohol Policy (LAP) and to request that the Panel provides formal
feedback on the draft LAP by passing resolutions.
3. The draft LAP includes proposals
relating to the following:
· location of licensed
premises by reference to broad areas
· location of licensed
premises by reference to proximity to premises or facilities of a particular
kind or kinds
· whether further
licences (or licences of a particular kind or kinds) should be issued for
premises in the district concerned or any stated part of the district
· maximum trading hours
· the issue of licences,
subject to discretionary conditions.
4. The details of
these proposals are outlined in the body of this report.
|
Recommendation
That the Youth Advisory Panel:
a) provide feedback on the draft
Auckland Council Local Alcohol Policy by passing formal resolutions.
|
Comments
Background
Legislative reform
5. In December
2012, Parliament enacted the Sale and Supply of Alcohol Act 2012 (“the Act”)
which introduced a new national framework for regulating the sale and supply of
alcohol.
6. One of the key
policy drivers behind the new legislation was to enable local decision-making.
The Act removed the ability for council staff to consider alcohol licence
applications under delegation and instead established new, strengthened local
decision-making bodies (district licensing committees; “DLCs”). These DLCs
operate within each council area.
7. The Act also
introduced the ability for local authorities to tailor some of the new national
provisions (such as maximum trading hours) to their own local circumstances and
to create additional regulations (such as for licence density) through the
development of local alcohol policies (“LAPs”).
What is a LAP and what can it include?
8. A LAP will
regulate the sale and supply of alcohol at a local council level. It can
include rules relating to the following:
· location of
licensed premises by reference to broad areas
· location of
licensed premises by reference to proximity to premises or facilities of a
particular kind or kinds
· whether further
licences (or licences of a particular kind or kinds) should be issued for
premises in the district concerned or any stated part of the district
· maximum trading
hours
· the issue of
licences, subject to discretionary conditions
· one-way door
restrictions.
9. Rules relating
to each of these matters can be applied to:
· on-licences (e.g. bars,
restaurants, taverns)
· off-licences (e.g.
bottle stores or supermarkets)
· club licences (e.g.
sports clubs, RSAs).
10. For special
licences (e.g. for special events), LAPs can only include rules on hours,
discretionary conditions and one-way door restrictions.
What effect will the LAP have once it is
adopted?
11. A licence is
required in order to sell alcohol in New Zealand. Applications for licences
are decided by DLCs, which must consider certain criteria set out in the Act,
when deciding whether to issue or renew an alcohol licence. This includes
requiring the DLC to have regard to any relevant LAP when making its decision.
12. Further detail
is provided in the table below:
|
|
Summary
|
|
Effect of LAP on applications for
new licences
|
· The Act
provides that where issuing a new licence would be inconsistent with the LAP,
the DLC may refuse to issue the licence
· Alternatively,
the DLC may issue the licence subject to particular conditions to address the
inconsistencies with the LAP
|
|
Effect of LAP on existing licences
|
· For
applications to renew a licence, the DLC cannot refuse to issue the licence
on the grounds that it is inconsistent with the LAP. It can however, impose
conditions on the licence to reduce the inconsistency.
o The effect
of this is that location and density policies within a LAP will not apply to
existing licences, meaning it will take time for the effect of these policies
to be realised.
· Provisions
of a LAP relating to maximum hours and one-way door policies will apply to
all licences at the time that those provisions come into force
o The effect
of this is that licences with longer hours will have to revert to the maximum
trading hours stated in the LAP, while licences with shorter hours will not
be affected.
|
Other relevant
provisions of the Act
14. The table below
summarises other important provisions of the Act for the panel’s information:
|
|
Summary of provisions
|
Relevance
|
|
Object
|
The object
of the Act is that:
a) the sale, supply, and consumption of alcohol
should be undertaken safely and responsibly; and
b) the harm caused by the excessive or
inappropriate consumption of alcohol should be minimised.
|
The purpose of the draft LAP aligns with this
object.
|
|
Process for developing a LAP
|
The Act sets
out the process that councils must follow when developing a LAP, including:
· research
requirements
· the agencies
that council must consult with before developing a draft LAP
· the
requirement for councils to use the special consultative procedure to consult
with the public on a draft LAP before adopting a provisional LAP.
|
These requirements have shaped the process the
council has followed in developing its draft LAP.
The Statement of Proposal (Attachment A) provides
information on the process Auckland Council has followed in developing its
draft LAP.
|
|
Appeals
|
The Act also
sets out the appeal process and states that:
· only those
who have made a submission on the draft LAP may appeal
· the only
ground on which an appeal can be lodged is that the provisional LAP (or a
part thereof) is unreasonable in light of the object of the Act.
|
As the policy is subject to appeal its provisions
must be robust and evidence based to ensure they can stand up to review.
|
Auckland
Council’s draft LAP
Process for developing the LAP
15. In 2012 council
staff developed a research report on alcohol-related harm structured around the
information requirements as set out in the then Alcohol Reform Bill (and that
were later carried through into the final legislation).
16. In May 2012, the
Regional Development and Operations Committee (RDOC) considered the findings of
the report and approved the development of an Auckland Council LAP, subject to
the passing of the Bill (resolution number RDO/2012/78(d)). This decision was
later confirmed by the Governing Body in January 2013, after the new Act
received royal assent on 18 December 2012.
17. Following the
passing of the new Act, Auckland Council began developing its LAP. The key
steps of the policy development process are outlined in the table below. (Step
8 onwards will occur after the consultation process).
|
Step
|
Timeframe
|
|
1. Project organisation / governance
|
Complete
|
|
2. Issues analysis
|
Complete
|
|
3. Options analysis
|
Complete
|
|
4. Initial engagement period
|
Complete
|
|
5. Engagement on staff position
|
Complete
|
|
6. Develop and gain approval of draft
policy
|
Complete
|
|
7. Public consultation: special consultative
procedure
|
Current –
September 2014
|
|
8. Provisional policy
|
October /
November 2014
|
|
9. Appeals
|
TBC
|
|
10. Adopt final policy
|
TBC
|
|
11. Implementation
|
TBC
|
Key
consultation dates
18. The key dates
for the consultation process are as follows:
|
Date
|
Milestone
|
|
16 June 2014
|
Written submission period opens
|
|
16 July 2014
|
Written submission period closes
|
|
July/August 2014
|
Officers will review and analyse all submissions and
report to Hearings Panel. This report will include all resolutions passed by
the local boards.
|
|
Late August/September 2014
|
Public hearings held
|
|
October 2014
|
Hearings Panel reports back to Governing Body with a
provisional LAP
|
NB: The Hearings Committee established the hearings panel on
27 May 2014. Members of the panel are: Cr Cashmore (Chair); Cr Wood; Cr
Webster; Cr Krum and one member of the Independent Maori Statutory Board.
Summary of
draft Auckland Council LAP content
19. Auckland
Council’s draft LAP aims to reduce Auckland’s issues with alcohol-related harm
by:
· prioritising areas
where the LAP can have the greatest impact on harm reduction
· controlling where new
licences are allowed
· controlling how many
new licences are allowed
· reducing the hours that
licensed premises can sell alcohol
· identifying additional
conditions that the DLC can apply to licences to help improve the consistency
of standards across Auckland’s premises.
20. The details of
the key provisions are summarised below.
Location and density of licences
21. Auckland’s
differing communities and areas means a blanket approach to policy provisions
is not suitable. The draft LAP categorises the Auckland region into three broad
areas each of which has different rules (reference to draft policy: Part B:
Section 2 and appendices).
|
Area
|
Overview
|
|
Broad Area A (City Centre, Ponsonby, Newton)
|
The three centres included in this broad area function as the region’s
main entertainment hub. They are also characterised by high levels of
alcohol-related harm including crime and anti-social behaviour.
|
|
Broad Area B (rest of the region)
|
Current licence information shows that the best options for addressing
alcohol-related issues are consistent across the whole area.
|
|
A priority overlay which provides additional rules.
|
The priority overlay identifies areas that have high numbers of
existing licences and communities that experience higher levels of
alcohol-related harm. These are termed priority areas. The overlay will help
protect these areas from further harm by imposing specific policies and
rules.
|
22. The
draft LAP also uses the following policy tools to regulate the density of
licences.
23. Temporary
freeze: The distribution of off-licences
across Auckland is uneven and some areas have much higher licence density than
others (e.g. the City Centre and many centres captured by the Priority Areas
Overlay). Evidence shows that these areas also tend to experience
disproportionate levels of alcohol-related harm. The draft LAP therefore,
proposes that the DLC and ARLA should refuse to issue new off-licences in these
specific areas for a period of 24 months from when the policy is adopted.
24. International
case studies show that the temporary freeze is a useful policy tool, not only
to allow time for saturated areas to recover but it can also lead to improved
compliance. These are both important in achieving the object of the Act.
25. Environmental
and Cumulative Impacts Assessment process: Staff are proposing that
certain applications for new licences would need to undergo an Environmental
and Cumulative Impacts Assessment (ECIA) to help the DLC or ARLA in determining
a licence application. Whether an ECIA is required would depend on the
location of the proposed site and the risk profile of the premises under the
Sale and Supply of Alcohol (Fees) Regulations 2013. Information about these
risk profiles is included in Attachment F.
26. The
process would build on the decision-making criteria under the Act to provide a
more comprehensive framework for the assessment of new licence applications.
In particular, it would ensure that following matters were fully considered, in
order to better manage location (including proximity to sensitive sites) and
density issues arising from applications for new licences:
· The risks associated with the location (including external and
environmental risks such as the existing licence environment and the current
levels of alcohol-related crime); and
· The individual risks
associated with the proposed licence (such as the type of premises, the risk
profile etc).
27. A
key advantage with this approach is that rather than requiring absolute policy
provisions (which would be very difficult to apply in an area as vast as
Auckland), it allows the DLC and ARLA to exercise discretion and consider
applications in the Auckland context, yet in a consistent and transparent
manner.
28. The
ECIA process is applied in the draft LAP in different ways, depending on the
kind of licence and the location, but ultimately the process would assist the
DLC and ARLA to determine which of the following outcomes is most appropriate:
· That the licence should be issued
· That the licences should be issued subject to certain discretionary
conditions
· That the licence should
not be issued.
29. Rebuttable
presumption: The rebuttable presumption is the most restrictive way
that the ECIA process is applied through the draft LAP. Staff have recommended
that it be used in specific parts of the region where there is evidence that
the alcohol licensing environment has a negative cumulative impact on the area
(e.g. to restrict the establishment of new off-licences in neighbourhood
centres). The effect of the rebuttable presumption would be that applications
for new off-licences would generally be refused, unless the DLC or ARLA was
satisfied that the operation of the premises would not unreasonably add to the
environmental and cumulative impacts of alcohol on the area.
Maximum trading hours
30. The draft LAP
proposes regional hours for club and off-licences, and hours based on location
for on-licences. The hours proposed are as follows (reference to draft policy:
Part B: Section 3.4; and sections 4 to 7):
|
Licence
|
Proposed hours
|
|
Off-licences
|
9am to 10pm
|
|
On-licences
|
· Broad Area A: 9am to 3am
· Broad Area B: 9am to 1am
· Priority Overlay: Same as underlying
broad area.
|
|
Club licences
|
9am to 1am
|
|
Special licences
|
Case by case, with consideration for location and nature of event/risks
associated with event
|
31. Restricting the
hours that alcohol is available can help to decrease alcohol-related harm. The
licensed hours proposed in the draft LAP:
· represent a reduction
from the national default hours (implemented in December 2013)
· reflect the views of
the statutory stakeholders (Police, medical officers of health and licence
inspectors)
· accommodate a majority
of on- and club licence premises’ existing licensed hours
· will help to decrease
inappropriate consumption (e.g. “side-loading” – leaving a bar to purchase cheaper
alcohol from an off-licence before returning to the bar).
Trial extensions of hours for
on-licences
32. The draft policy
allows for on-licences (except those in the priority overlay) to apply for a
two-hour maximum trial extension of hours.
· These will be granted
on a trial basis, at the DLC’s discretion and following the completion of an
environmental and cumulative impact assessment.
· Applicants will have a
history of best-practice operation, and will need to continue to demonstrate
high levels of compliance to keep the extension.
· Trial extensions will
be preferred in the city centre for Broad Area A and in the metropolitan
centres for Broad Area B.
· No extensions will be
allowed in the priority areas.
Additional discretionary conditions
33. The draft LAP
recommends a range of discretionary conditions for the DLC to apply. These
conditions strengthen provisions already in the Act, and will help minimise
harm to individuals and the community from inappropriate and excessive
drinking.
|
Conditions recommended for all
licences
|
Conditions which can be applied on
a case-by-case basis
|
Where in draft LAP
|
|
Includes:
· an onsite incident
register
· host responsibility
policies for club and on-licences
· prohibition on single
unit sales for off-licences
|
Includes:
· Restrictions on drinks
prior to closing
· Clean public areas
outside
· Certified manager to be
onsite at BYO and club licences (already required for on- and off-licences)
· CCTV
· Monitoring of outdoor
areas for late-trading premises (on-licences).
|
Part B: Sections 4 to 7
|
Youth
Advisory Feedback
Youth Advisory Panel feedback received to
date on the Local Alcohol Policy project
34. Council staff
reported to the Youth Advisory Panel in October 2013 and requested feedback on
the staff position paper. The panel formally requested “the Welfare and Safety
sub-committee provide a written response to the officers by mid November 2013”.
35. In response, staff received a memo from the chair of the Youth
Advisory Panel (on 8 April 2014), which indicated that timing and capacity
issues amongst panel members meant it was unable to provide formal written
feedback to inform the draft LAP. However, the Panel formally acknowledged the
importance of the LAP project and confirmed that alcohol and drug issues are of
interest to the Panel.
36. The memo also referred to earlier correspondence from the Panel
(dated September 2013), which suggested the following actions to reduce drug
and alcohol related harm for young people in Auckland:
1. “Involve young people’s active participation in campaigns to
reduce drug and alcohol related harm
2. Reduce the supply of drugs at school
3. Improve the sober experience
4. Make alcohol less appealing – reduce / remove street signage
5. Reduce city hours, liquor outlets, locations and hours
6. Change
mindsets and thinking around the drinking culture.”
37. Item five above
has been incorporated into the draft LAP and item 1 has informed the
communications campaign for the LAP consultation process.
Process for gathering youth feedback on
draft LAP
Youth Advisory Panel
38. Council staff are requesting that the Youth Advisory Panel provides
formal feedback on the draft LAP by passing resolutions at its June meeting.
Staff will ensure that these resolutions are included in full in their report
to the hearings panel to brief them on the issues raised through the
consultation process.
Local youth councils, boards and
caucuses
39. Project team
staff are currently working with the Community Development Arts and Culture
Department to determine the best way to engage with local youth councils,
boards and caucuses on the draft LAP. The details are yet to be finalised but
will likely include area based briefing sessions on the content of the draft
LAP.
Wider consultation with youth
40. In recognition
of the technical nature of the draft LAP document, project team staff are
currently working with the Communications and Public Affairs Department to
develop summary documentation to support the consultation process, particularly
for the wider community and youth. These ‘user-friendly’ documents will
include a summary of information, an overview pamphlet, FAQs and a submission
form.
41. The
communications campaign for the draft LAP will also use youth friendly media
such as radio and social media to encourage people to submit. Online
submissions will also be encouraged.
Consideration
Local board
views and implications
42. None.
Maori impact
statement
43. Where possible,
staff have gathered data on alcohol-related issues by ethnicity. For example,
data collected from the three Auckland-based district health boards (2012)
showed that for the 2010/11 fiscal year, Maori had proportionately higher rates
of alcohol-related emergency department presentations.
44. Throughout the
initial engagement phases of the project, staff worked with the Policies and
Bylaws team, Te Waka Angamua (Maori Strategy and Relations Department), policy
advisors at the Independent Maori Statutory Board (IMSB) and Hapai Te Hauora to
deliver a program for engaging with Maori on alcohol issues.
45. As part of this,
staff ran a workshop with rangatahi (youth), organised a rangatahi engagement
session as part of the Atamira event and held a hui with mana whenua and mataa
waka to discuss both the LAP Project and the Alcohol Control (Liquor Ban) Bylaw
Project.
46. The IMSB was
represented on the Political Working Party. Hapai Te Hauora Tapui is
represented on the Public Health Sector Reference Group.
47. There are no
specific references in iwi management plans to alcohol or alcohol policy, other
than a statement about general health and well-being.
Implementation
48. None.
Attachments
|
No.
|
Title
|
Page
|
|
aView
|
Auckland Council Local Alcohol Policy Statement of
Proposal (including Draft Local Alcohol Policy)
|
|
Signatories
|
Author
|
Belinda Hansen - Principal Policy Analyst
|
|
Authorisers
|
Penny Pirrit - Regional & Local Planning Manager
Gael Surgenor - Manager Community Development and
Safety
|
|
Youth Advisory
Panel
09 June 2014
|
|
Significance and Engagement Policy
File No.: CP2014/11187
Purpose
The purpose of
this paper is to provide information on the proposed process to develop a
Significance and Engagement Policy in line with updated legislative
requirements and to consider how we involve young people in developing that
policy.
Executive
summary
1. The Local Government Act 2002
Amendment Bill (No 3) proposes that all councils adopt a significance and
engagement policy by 1 December 2014. The council is developing a new policy to
reflect the changes proposed in this Bill.
2. The draft policy is intended to
be principle-based, to allow flexibility with the approach taken in delivering
consultation and engagement depending on the audience and scale of the issue.
3. The youth Advisory Panel are
invited to participate in the early stages of developing this policy and are
encouraged to engage with local board-based youth groups on a regional approach
|
Recommendation
That the Youth Advisory Panel:
a) request that this report is
forwarded to the chairs of the local board-based youth groups for their
consideration
|
Comments
4. As part of the Long-term Plan
(LTP) 2012-2022 process, Auckland Council has approved a Significance Policy to
provide a mechanism for establishing which decisions are “significant” using a
threshold test and general criteria. This was a requirement under the Local
Government Act 2002 (the Act) and the policy requires all council reports to
state the degree of significance.
5. The Local Government Act 2002
Amendment Bill (No 3) (the Bill) proposes that all councils adopt a
significance and engagement policy by 1 December 2014. This was one of the
recommendations of the Local Government Efficiency Taskforce to review the
decision making and consultation provisions of the Act (particularly part 6)
to:
· provide
councils with a clear and flexible mandate to determine whether to engage with
the community and the most appropriate way to do so;
· replace
the prescriptive rules related to decision making with a clear set of relevant
principles for councils to consider when making decisions.
6. It was intended that these
principles would improve the engagement process by being clear with the
community when and how councils will engage, depending on the significance of
the issue. It is likely that this will increase community input into council
decision-making, but in a less prescriptive way allowing more flexibility in
trying to reach some of our less engaged communities.
7. While the Bill has not yet been
passed, a work plan is currently being finalised along with a programme of
engagement to develop this policy in time.
Proposed objectives and scope
Objectives
· To
meet requirements in the Bill
· to
set the tone and process for how Auckland Council will engage with Aucklanders
· to
be an engagement leader in New Zealand and best representation of how we talk
to our communities
· to
identify any amendments required in the existing significance policy.
Scope
· Develop
a new engagement policy based on past experience, previous policy development
work and the Act requirements
· carry
out consultation and engagement with internal stakeholders
· engage
and seek input from local boards and advisory panels
· engage
and seek input from external stakeholders and the public
· link
with existing work to update and improve guidelines, processes and protocols
for consultation and engagement
· review
existing significance policy to amend as required.
Proposed process to develop the policy
8. While the Act has provided
principles around consultation and engagement to ensure that affected parties
are consulted, the scale of Auckland is larger than many other New Zealand
council and it is important to provide complementary principles and a framework
to ensure that the council is effective in reaching Auckland’s diverse
communities.
9. The draft policy will take into
account the Treaty of Waitangi Audit, as well as feedback already received by
the public and stakeholders relating to consultation and engagement, and the
experiences of past processes such as the Unitary Plan and local board plans.
10. The Governing Body, local boards,
advisory panels, the Independent Māori Statutory Board (IMSB) and key
stakeholders will be involved at an early stage to input into the development
of the draft policy, which is expected to go out for public consultation in
September 2014.
11. The draft policy is intended to
be principle-based to allow flexibility in the approach taken to deliver
consultation and engagement (depending on the audience and scale of the issue).
It will be developed with input from teams across the council and will be
supported by updated and improved processes, templates and guidance material.
12. Some principles that have been
developed out of previous feedback include:
· Inclusive:
reaching out to all those affected, be accessible, go beyond the ‘usual
suspects’
· Timely:
early in decision-making and allowing sufficient time
· Commitment,
genuine intent, open and honest: meaningful engagement based on an open mind
and willingness to listen
· Respectful:
building trust
· Clear
& sufficient information: balanced, plain English
· Clear
purpose and well planned
· Flexible
and needs based: designed to suit participants’ needs
· The
principles of the Treaty of Waitangi
· Coordinated:
across departments, to minimise duplication and fatigue
· Pragmatic,
efficient and value for money
· Feedback:
close the loop
· Evaluate,
monitor and improve
Questions to consider
13. The project team
are seeking your feedback on:
a) the proposed
approach to developing the policy
b) What has been
learnt through recent engagements or other processes that could feed in to this
work
c) What themes and
principles should the new Auckland Council policy contain.
|
High level time-line:
|
|
|
Timing
|
Action
|
|
Mid-April
|
Internal workshop
|
|
April to June
|
Engagement with advisory panels
Local Board Chairs Forum briefing (28
April)
Budget Committee workshop (6 May)
Regional Strategy and Policy committee
report
IMSB report
Local board workshops
Targeted external engagement
|
|
July
|
Drafting significance and engagement
policy
|
|
August
|
Further discussion with local boards /
governing body, draft policy for adoption
|
|
September – October
|
Consultation period
|
|
October
|
Local board formal feedback on draft
policy
|
|
October - November
|
Review feedback, update policy, workshop
with governing body, adoption
|
Consideration
Local
board views and implications
14. These views will be discovered as
part of the process. The Youth Advisory Panel may wish to encourage local youth
groups to engage with their local boards on this project.
Māori
impact statement
15. The council has existing
statutory requirements and Treaty of Waitangi obligations in relation to
consultation and engagement with Māori – this project will build on these
requirements where appropriate. The views of Māori across Auckland will be
discovered as part of the process.
Implementation
16. The final policy once adopted
will be implemented through updated and improved processes, templates and
guidance material.
Attachments
There are no attachments for
this report.
Signatories
|
Author
|
Daniel Pouwels - Policy Analyst
|
|
Authoriser
|
Grant Barnes - Manager - Auckland Strategy and
Research
|
